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N.J. Supreme Court limits eminent domain

TRENTON, N.J., June 13 (UPI) -- Property seized by eminent domain must be "blighted," not just unproductive, the New Jersey Supreme Court ruled Wednesday.

The court, in a unanimous decision that reversed lower court rulings, barred the town of Paulsboro from seizing 63 acres on the Delaware River owned by Gallenthin Realty Development Inc. and two individual members of the Gallenthin family. Much of the property, across the river from Philadelphia International Airport, is protected wetlands, but it also includes mooring pylons and an unused railroad spur and was re-zoned in 1998 as marine industrial business park.

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Eminent domain has been a hot issue since the U.S. Supreme Court ruled that New London, Conn., could seize private property for transfer to a developer for economic reasons. The Gallenthins' attorney said the New Jersey ruling is a victory for property owners.

"The court made it very clear that whatever euphemism is used, property must be blighted, in fact, before it can be taken," William Potter told the Courier Post of Cherry Hill. "No more can we see a property declared part of a redevelopment area simply because the government thinks there is a higher, better use."

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